Sunday, June 30, 2013

Thanks, Ginsburg, and now please retire. Also, Anthony Kennedy's mixed legacy.

Glad that we got some good court rulings out today on gay rights. Definitely good in a policy sense; I haven't made a deep dive to decide if I completely agree on the law. So thanks to Ginsburg for all her good votes, and as I said after the election, now is the time for the 80-year old, two-time cancer survivor to step aside because it's the best chance in at least 4 years to get a decent nominee through the Senate.

End of Court term is a traditional time to announce resignation. If she waits until next year, it'll be campaign season with even fewer Republican senators willing to vote rationally. In Fall 2014, some 21 Democrats will be up for re-election as opposed to 14 Republicans in an off-year election that usually disfavors the president's party, so the Senate make-up is very likely to get worse. Hopefully the make-up will improve after November 2016 when the ratio for that election is reversed, but whether it will meet or beat what we've got today is unclear (not to mention we don't know who'll be President).

Regardless of whether even a healthy 80-year old has good odds of being to work another 4 years, I can guarantee that a 50-something replacement has better odds, as well as lasting through the contingency of four or more years of a Republican presidency. She should quit.

Hopefully I'll soon look like an idiot for my next statement:  she won't do it. Judges have truly impressive sense of their own importance, and I doubt the Supreme Court reduces that sense.

In my "also" about Kennedy, I think the last two days' ruling against voter rights and for gay rights are a decent example of the mixed legacy I've seen since 2005. While he's responsible for many awful decisions, he also supported human rights on some occasions that came at a personal cost during the Bush administration, losing the chance to be Chief Justice.

Still, if you assume he's acting with a legacy motivation (possibly a motivation for Obama on climate too), then I think he personally comes out better this way. He'll be remembered for making the right decision on social values at a minor personal cost, as opposed to being the Chief Justice who made terrible decisions. Think about that, John Roberts.

UPDATE:  yep, Ginsburg refuses to retire. More proof that the Supreme Court and possibly the appellate courts need term limits.